No update on the number of H1b cases received by the CIS yet. In a
memo on another topic this morning, the CIS stated that they will
announce a final receipt date once they have recevied enough H1b cases
to meet the H1b quota. The statement as worded gave the impression
that they have not received enough applications yet; however, most
likely it just means that they are significantly behind in counting the
number of cases received since they have not provided any type of count
to date.
The USCIS also announced today the release of the
interim final rule regarding extension of OPT from 12 to 29 months for
'qualified F-1 non-immigrant students.' The breadth of this extension,
unfortunately, is more limited than what the title implied. The
extension will be available to F1 students with a degree in science,
technology, engineering, or mathematics who are employed by businesses
enrolled in the E-Verify program. To be eligible for an OPT extension,
an F-1 student must:
1) Currently be participating in a 12-month period of approved post-completion OPT;
2)
Have successfully completed a degree in science, engineering,
technology, or mathematics (STEM) included in the DHS STEM Designated
Degree Program List from a college or university certified by teh US
Immigration and Customs Enforcement's Student and Exchange Visitor
Program;
3) Be working for a U.S. employer in a job directly related to the student's major area of study;
4)
Be working for, or accepted employment with, an employer enrolled in US
Citizenship adn Immigration Services' E-Verify program. E-Verify is a
free internet-based system operated in partnership with the Social
Security Administration that helps employers to determine the
employment eligibility of newly-hired employees; and
5) Properly maintain F-1 status.
A
section of the memo also reads, 'Another aspect of the rule responds to
the situation in which an F-1 student's status and work authorization
expires before he or she can begin employment under the H-1B visa
program. The interim final rule addresses this problem by
automatically extending the period of stay and work authorization for
all F-1 students with pending H-1B petitions. The rule will also
implement certain programmatic changes, including allowing students to
apply for OPT within 60 days of graduation.'